Time: Thu Jun 19 11:16:29 1997
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Date: Thu, 19 Jun 1997 10:01:51 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: Re: SLS: Federal Rules of Criminal Procedure
References: <3.0.2.16.19970618202322.383fcc9a@pop.primenet.com>


>> >I went and looked at 18 U.S.C. 3231 which said Art. III courts shall 
>> >have original jurisdiction over all offenses against the laws of the 
>> >United States, exclusive of the territory tribunals.

It doesn't say that.  The statute is 
referring to the courts of the "several
States" [sic] (i.e. the Union states).

/s/ Paul Mitchell
http://www.supremelaw.com



  It then added that 
>> >no part of Title 18 was to limit the power of territory tribunals.  How 
>> >is this proof that USDC has no criminal jurisdiction?
>> 
>> Confer at "Inclusio unius est exclusio alterius"
>> in Black's Law Dictionary.
>> 
>> The USDC is not mentioned, therefore,
>> its omission can be inferred as intentional.
>
>The USDC is mentioned twice.  So I must assume you point to the fact that 
>the Section does not mention any transfer of a criminal-offense case 
>against the United States to a territorial tribunal, thus it has none.

[begin excerpt]

3231.  District courts

The district courts of the United States shall have   <---- "DCUS"!!!
original jurisdiction, exclusive of the courts of
the States, of all offenses against the laws of 
the United States.

Nothing in this title shall be held to take away or
impair the jurisdiction of the courts of the
several States under the laws thereof.

[end excerpt]

The "United States District Court" is not mentioned.
The "United States district court" is not mentioned.

Where is it mentioned "twice" in 3231, as you allege?

Are you constructing the phrase "exclusive of the courts of
the States" to mean the USDC?

I am constructing "courts of the States" and 
"courts of the several States" to refer to 
the courts of the Union states, e.g.  Alabama,
Alaska, Arizona, Arkansas ... Wyoming (50 total).

Please research your answer first.

I am standing by.

/s/ Paul Mitchell

========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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